New Taxi Dispatch Corp., et al.

National Labor Relations Board - Board DecisionsDec 22, 1952

101 N.L.R.B. 1327 (N.L.R.B. 1952)

NEW TAXI DISPATCH CORP. 1327 NEW TAXI DISPATCH CORP., ET AL. and AMALGAMATED LOCAL 102, UNITED AUTOMOBILE WORKERS, AFL, PETITIONER. Case No. 2-.&C- 4444. December 22,1952 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Harold L. Richman, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Murdock, and Styles]. Upon the entire record in this case, the Board finds : The Employer consists of 18 corporations 1 engaged in operating taxicabs in New York City. During the year 1951 the Employer's receipts from the taxicab business exceeded $500,000. At least 6 per- cent of the trips made by the Employer's taxicabs were to or from established points of ingress and egress from New York State by rail, bus, air, and water carrier. The Board has recently reexamined its standards for exercising jurisdiction over taxicab companies.2 It has now determined that the policies of the Act will best be effectuated if the Board asserts jurisdiction only in those instances where both the following factors are present : (1) The employer is either the sole taxicab company operating in the area served by its cabs which service instrumental- ities of commerce, or is the holder of a contract, license, or franchise from some instrumentality of commerce giving the employer the privilege or right to serve, either exclusively or concurrently with others, a depot or terminal of such instrumentality; and (2) the employer derives a substantial portion of its total revenue directly from the carrying of passengers to and from terminals or depots of instrumentalities of commerce. As the operations of this Employer do not meet the new standards adopted by the Board for asserting jurisdiction over taxicab com- panies, we shall dismiss the petition. Order IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. I The New Taxi Dispatch Corp., Selton Service, Inc., Spar Operating Co., Inc., Sam Schlezinger , Inc., Grant Service, Inc., Solid Service, Inc., Kirby Service Co., Inc, Sage Service Co ., Inc, Drake Service Co ., Inc., Boone Service Co., Inc., Vogue Ser% ice Co , Inc , Wright Service Co., Inc., Duval Service Co ., Inc., Egle Service Co. Inc. , Hunt Service Co., Inc., I & Z Co., Inc., Werbo Cab Corp, Hained Service, Inc. 2 Cambridge Taxi Company, 101 NLRB 1328. 101 NLRB Na. 236.